HammondLaw

HammondLaw Immigration Research Database

Wilkinson v. Garland (September 2023) US Supreme Court.

NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable under 1252(a)(2)(D). This ruling gives

NIWAP Library Amicus brief May 2, 2024 Direct PDF available

Why it matters

Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it.

Topics

Removal defense VAWA / U / T

Forums

BIA Court of appeals

Jurisdictions

3rd Circuit